"The President expresses an anxiety to ascertain whether, before proceeding to act, I communicated with Commissioner Campbell, who was intrusted by the Government of the United States, in conjunction with the British commissioner, to decide the boundary question. In reply, I desire to inform his Excellency, the President, that no official communication had passed between Commissioner Campbell and myself in reference to the boundary, previous to the occupation of San Juan Island by Captain Pickett's company, for the reason that no exigency had arisen requiring it. In the personal interviews I have had with Commissioner Campbell since my arrival on this coast, he has always assured me that there could be but one solution of the boundary question under the treaty of June 15, 1846, and that was to be obtained by taking the midchannel of the 'Canal de Haro,' or Straits of Haro, as the boundary line between the United States and Great Britain. He has several times stated that a strict construction of the treaty will not only give us the Haro group of islands, of which San Juan is the most important, but also the Saturna Island, which is yet nearer to Vancouver. This island, he said, he was willing to give to Great Britain, under a liberal and generous construction of the treaty.

"In each of these interviews Commissioner Campbell has deplored the course pursued by the British Government in the opposition they made to the settlement of this question, and the delays continually seized upon by the British Commissioner to prevent coming to an early decision. Commissioner Campbell appeared to be earnestly impressed with the conviction that the British Government intended to keep this an open question until some future time, when they could advance their claims to better advantage, as they had no foundation in justice or right. I saw Commissioner Campbell for the last time at Simiahmoo, on the 7th day of July last; at that date neither he nor myself had any knowledge to induce us to believe the colonial authorities of Great Britain had attempted to assume jurisdiction over San Juan. When Captain Pickett's company arrived at San Juan, it appears Commissioner Camp

bell was making an exploration of the islands in the Haro group, and visited San Juan the day Captain Pickett landed; he rendered the captain every assistance, and approved the course that had been pursued. Captain Pickett landed on the 27th of July, and Commissioner Campbell remained in that vicinity until the 16th of August, when I received a private communication from him, a copy of which is enclosed. I immediately answered it officially, giving him my reasons in full for occupying San Juan; this would have been done at the time Captain Pickett's order was issued, but I did not know his whereabouts until I received his communication. A copy of this answer to the Commissioner is also enclosed, and a copy of his reply dated the 30th of August.

"I would respectfully call the attention of the President to the unqualified denial of Governor Douglas, in his despatch of the 13th of August, that any attempt had ever been made to arrest an American citizen, and convey him to Victoria to be tried by British laws. At the very moment this denial was being penned, three British ships of war were in that harbour by the orders of Governor Douglas, to support a British stipendiary magistrate, sent by Douglas to arrest the same American citizen (Cutler) of San Juan, who would have been arrested but for the positive interference of Captain Pickett; indeed, so pressing and urgent were the British to possess themselves of Cutler that Captain Pickett did not hesitate to report his capture could only be averted by occupying the island in force.

"Such are the facts of this case, in which the British Government furnished five ships of war, carrying one hundred and sixty-seven guns and from two to three thousand men, to an unscrupulous colonial governor for the purpose of wresting from us an island that they covet. Such Punic faith should never be tolerated, however plausible the pretext upon which may be founded.

it

"I am, Sir, very respectfully, your obedient servant,

"WM. S. HARNEY, "Brigadier-General Commanding.

"Hon. Secretary of War, Washington City, D. C."

On the 7th of September Lord Lyons wrote to Mr. Cass as follows :(1)—

"Immediate.]

66

"Washington, September 7, 1859. SIR,-When I had the honour of waiting upon you, at your request, at the State Department, on the 5th inst., you were so good as to say that although you were not yet in possession of sufficiently detailed reports to enable you to reply at once to the note in which I had, two days before, asked for explanations with regard to the alleged occupation of the island of San Juan by United States troops, you would, nevertheless, verbally give me such information as it was in your power to afford.

"You then did me the honour to state to me that the only official account which had reached the Government was a report from General Harney, which had been forwarded from New York by General Scott, and that the substance of that report was that General Harney had found it necessary, in consequence of a requisition from United States citizens, to send to the island of San Juan a detachment to protect those citizens from the Indians, and from ill treatment on the part of the English, and that he had accordingly sent one company of soldiers for this purpose, and held another in readiness to send also in case of need.

"You proceeded to inform me that the President had directed the War Department to apprise General Harney that the Government of the United States considered that the principle to be observed with regard to disputed territory was, that the actual status should be maintained; that, consequently, he was by no means to take possession of the island of San Juan, or to set up any jurisdiction there. You added, however, that orders had not been sent to withdraw the United States troops. Those troops, you said, would be instructed to confine themselves strictly to the protection of American citizens, but it might, you added, be necessary that they should remain at San Juan for that purpose.

(1) American State Papers, p. 225.

'Finally, you did me the honour to request me to acquaint Her Majesty's Principal Secretary for Foreign Affairs with what you had said, and especially to assure his Lordship, from the President and from yourself, that General Harney had not acted upon orders from the Government, but entirely upon his own responsibility.

"I had just time, after my return home, to write a report of the information which you had thus given me to dsipatch to Lord John Russell by the messenger who was about to set out to meet the royal mail steam packet at Boston. I made that report almost exactly in the words which I have used in repeating above the substance of your communication to me.

"The newspapers of this evening announce the arrival of a mail bringing full intelligence respecting the disembarcation of the United States troops on the island of San Juan. I feel confident that you will hasten to afford me the information and explanation for which I applied in the note to which I have already referred. But I am so desirous that these explanations should reach Her Majesty's Government as nearly as possible simultaneously with the intelligence of the occurrences at San Juan, that I take the liberty of reminding you that I shall be able to send by telegraph to Halifax, in time to be forwarded to London by the royal mail steamer, any information which you may do me the honour to give me in the early part of to-morrow. I am rendered particularly anxious upon this subject by observing among the news inserted in the evening journals the following document, purporting to be an order issued by Captain Pickett, commanding the party of United States troops which has landed on the island :

"Military Post, San Juan Island,

"Washington Territory, July 27, 1859.

"I. In compliance with orders and instructions from the General commanding, a military post will be established on the island, on whatever site the commanding officer may select.

"II. All the inhabitants of the island are requested to

report at once to the commanding officer in case of any incursion by the northern Indians, so that he may take such steps as he may deem necessary to prevent any future occurrence of the

same.

"III. This being United States territory, no laws other than those of the United States, nor courts, except such as are held by virtue of such laws, will be recognised or allowed on this island.

"By order.'

"CAPTAIN PICKETT.

"I have the honour to be, with the highest consideration, Sir, your most obedient humble servant,

"Hon. Lewis Cass, &c. &c. &c.

"LYONS.

"You are doubtless aware that I have the means of transmitting confidential communications by telegraph in a cypher which can be understood only at the Foreign Office in London.

Mr. Cass replied as follows:(1)

"L."

"Department of State, Washington, "September 8, 1859.

"MY LORD,-Your note of yesterday reached me this morning. Your note of the 3rd instant, to which you refer, was received the next day after its date, Sunday; and on Monday, the day following, as there was not time to write you before the departure of your messenger, I requested an interview with your Lordship, during which the conversation took place which is recapitulated in your last note. I mention these circumstances in explanation of their delay of two days, to which your Lordship has referred.

"The conversation is correctly reported, with one exception. The exception is where you understood me to say that conse

(1) American State Papers, p. 226.